PARK AND CEMETERY. 
The Michigan State Horticultural Society. 
A report of the committee on Improvement A.ssociations or 
Club.s ha.s been kindly furnished by Mr. tVill W. Tracy of De- 
troit, chairman. The meeting was held December 6th last. 
After referring to ruling conditions it .says: ‘Tt is true that 
while this work must be largely done through individual effort, 
people can be induced to make such effort most effectually 
through the work of an as.sociation or club. A few women, even 
if not more than four or five in number, united in a club for the 
improvement of the four-corners of the village, can have vastly 
more influence over individual owners, the highway commi.s- 
sion, the village council, or to prevent injury to trees by a tele- 
phone compan}’, than their aggregate influence if exerted as in- 
dividuals. Many such associations have been organized and 
have accompli.shed marvelous results in changing unattractive, 
dirt}' villages and streets into such places of beauty as to lead 
city people to make their .summer homes there and induce others 
to locate permanently, to the great improvement of the social 
life of the town, and last, but perhaps not lea.st in the eyes of 
many, the adding to the money value of every lot in the village. 
“Our .society strongly recommends the formation of such 
associations and .surely there could be no better time for this or- 
ganization than the closing year of the century.” 
The committee presented a form of con.stitution and bv-laws 
for such a societ}', and information as to where further sugges- 
tions as to their work mav be found. 
LEGAL. 
A L.AWFUL Bl'SIXH.S.S. 
The supreme court of California declares that it cannot con- 
cur in the view that the establishment of a cemetery for the in- 
terment of human bodies is an avocation which may be well 
presumed to have an injurious tendency, or that a cemetery is a 
nuisance per se, that is, in itself, or, at least, may be so regarded 
in measuring the extent of the police power to regulate it. Nor 
is it willing to concur in the po,sition that the hmsiness of con- 
ducting a cemetery is an avocation pre.suniably having an in- 
jurious tendency. But it does say that there are many consid- 
erations, too obvious to require enumeration, which bring ceme- 
teries within the power of rea.sonable regulations by both citv 
and county municipalities. 
Continuing, the court says that it is not unlawful to estab- 
lish a cemetery for the burial of the dead, deriving profit there- 
from as a busine.ss enterpri.se. To provide for the repose of the 
dead is as lawful as to provide for the comfort of the living. 
There are reasons why the burial of the dead should be sub- 
ject to reasonable regulation which may not justif}- similar re- 
strictions or regulations as to the homes of the living, but the 
court insi.sts that it can see no more reason why the right to es- 
tablish cemeteries in a count}- should be subject to the will of 
the .supervi.sors than that the right to engage in any other law- 
ful enterpri.se .should be so circumscribed. There is a wide dif- 
ference between regulation and prohibition, — between regula- 
tory provisions as a condition imposed for the exerci.se of a law- 
ful occupation, and making the right itself to depend upon the 
unrestrained will of the municipality. It would hardly be con- 
tended that an ordinance declaring it to be unlawful to engage 
in the business of farming or merchandising in the county with- 
out the permission of the supervisors would be a reasonable ex- 
erci.se ef legislative power, or could reasonably be .said to be ex- 
erci.sing the power to regulate. 
And, for these reasons the court holds, in the ca.se of Los 
Angeles County against the Hollywood Cemetery Association, 
57 Pacific Reporter 153, that an ordinance is invalid which makes 
it unlawful to establish, extend, or enlarge any cemetery within 
the limits of the county without the permission of the super- 
visors. 
The court akso holds such an ordinance unconstitutional as 
being unequal in its operation, because, as the ordinance is si* 
lent as to interments in cemeteries already establi.shed, it nec- 
e.s,sarily permits burials in such cemeteries without restriction, 
and thus allows the owners of cemeteries alreadv established 
the right to exercise privileges denied to others. Nor does it 
consider that the fact that the supervisors re.served the power to 
place all per.sons on an equality by granting permi.ssion relieves 
the ordinance from this objection. 
IK S 
I CORRESPONDENCE. ^ ^ | 
if: S: 
I.vxx, M-V.s.s., Jan. 6, 1900. 
Editor Park and Cemetery. 
Sir: — There is no ru.sh of work at the present time and cer- 
tainly no reason why some of us cannot contribute to the col- 
umns of your valuable paper that has done so much for us. 
Naturally our minds are now turning towards spring which al- 
ways brings plenty to do. ^lany of us can see important im- 
provements we would like to make .should funds be available, 
but there are always small improvements that can be made at 
little or no expen.se, and our lot owners will notice them. 
Since the last convention I spent a day with Mr. McCarthv 
at Swan Point, Providence. Whoever has not seen Swan Point, 
take the first opportunity, and if one cannot learn .something he 
is, either dull or knows everything. At least he can learn how 
to utilize boulders if he has them to utilize. The picturesque 
ride on the river road, the fine evergreens, the display of hardy 
shrubs all help to make this one of the finest cemeteries in the 
country. 
Both Mr. Creesy and my.self have received visits from Mrs. 
Hay of Erie, Pa., and several of our western superintendents, 
all of whom we endeavored to impre.ss with the beauties and 
e.xcellencies of onr cemeteries by the sea. It is my conviction 
that 'our New Haven convention was a grand success. 
It was with sincere regret that I read of the death of Mr. 
Chaffee, stricken down in the vigor of manhood as it were. He 
was loved and respected by every member of the a.ssociation, 
and how can we spare him? The stricken family I know will 
receive the sympathy of every member of the association. 
William Stone . 
In a recent communication Mr. John G. Barker speaks as 
folllows in connection with a trip east: While in Boston I vis- 
ited Mt. Auburn cemetery. Their new offices, statuary room 
and chapel are very fine, commodious and convenient as anv 
.such office I was ever in. The whole cost $60,000. The chapel 
is beautifully finished, and the crypts for temporary use, when 
remains come late at night, are as convenient as such an ar- 
rangement could possibly be. The old chapel is being remod- 
eled into a crematory, and every detail of the most approved 
methods is being put in for incineration purposes. The upper 
part is being finished for niches for urns, and when completed I 
expect the work will be in every way excellent, for there is 
plenty of money to draw upon. The mausoleum built by the 
Van Aniringe Granite Co., is a fine structure, eligibly located 
in the centre of the beautiful plot of ground which is well ar- 
ranged with attractive landscape effects. On my way back west 
I spent a few hours at Fairmount cemetery, Newark, N. J., with 
Father Nichols, who notwithstanding his 80 years piloted me 
around as nimbly as men many years his junior. I had an op- 
portunity of inspecting the costly Krueger mausoleum just com- 
pleted. 
